Legal Talk: Dispute resolution in community schemes
Hosted by Pippa Hudson on Cape Talk on 23 February 2026
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During the lunch time show on Cape Talk, Pippa Hudson, Zerlinda van der Merwe from TVDM Consultants and Antony Arvan from Maurice Phillips Wisenberg Attorneys | Notaries & Conveyancers (“MPV Attorneys”) discussed practical ways to resolve community scheme disputes, from mediation to Community Schemes Ombud Service (“CSOS”) arbitration, and court.
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In this discussion, legal experts Zerlinda van der Merwe of TVDM Consultants and Anthony Arvan of MPW Attorneys outline the key avenues for resolving disputes in community schemes. They highlight that while internal dispute resolution is ideal, encouraging parties to mediate through managing agents or trustees, however certain conflicts require more formal processes.
For sectional title schemes, disputes must go to CSOS first, with limited rights to appeal or review in court. Homeowners associations may consider arbitration, which is quicker and final, though not necessarily cheaper than court proceedings. Choosing the most appropriate forum depends on the nature of the dispute, as some matters (e.g., technical legal issues, architectural guidelines, or large financial disputes) may require arbitration or court intervention.
Common disputes include:
Maintenance and water ingress issues
Noise complaints
Pet-related disputes
Levy disagreements
Trustee or managing agent decisions
Contractual matters, including appointments or removals
Life rights agreements also fall under community schemes, but the governing documents for each scheme must be consulted, as standard ownership rights may differ.
Overall, attempting resolution internally can save both time and costs, but some disputes inevitably require formal legal processes.